United States v. Charlette Johnson , 484 F. App'x 847 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7293
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHARLETTE DUFRAY JOHNSON, a/k/a Charlotte Johnson,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. W. Earl Britt,
Senior District Judge. (7:10-cr-00093-BR-1; 7:12-cv-00209-BR)
Submitted: September 21, 2012 Decided: October 12, 2012
Before WILKINSON, GREGORY, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charlette Dufray Johnson, Appellant Pro Se. Jennifer P. May-
Parker, Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charlette Dufray Johnson seeks to appeal the district
court’s order dismissing without prejudice her 28 U.S.C.A.
§ 2255 (West Supp. 2012) motion. The order is not appealable
unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).
We have independently reviewed the record and conclude that
Johnson has not made the requisite showing. Accordingly, we
deny a certificate of appealability and dismiss the appeal. * We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
*
Because Johnson’s § 2255 motion was dismissed without
prejudice as premature, she is not precluded from filing a
timely § 2255 motion after her convictions and sentence become
final.
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